May 5, 1988
Revised 12/18/89
Revised 01/06/98
Revised 01-04-00
Revised 10-21-03
Revised 09-03-08
Revised 07-03-12
BYLAWS
MECKLENBURG WASTE MANAGEMENT ADVISORY BOARD
ARTICLE I – NAME
This organization, established by the Mecklenburg Board of County Commissioners, shall be
known as the “Mecklenburg Waste Management Advisory Board,” hereinafter referred to as
the “Board.”
ARTICLE II – PURPOSE
Acting in an advisory capacity to the Mecklenburg Board of County Commissioners
(“BOCC”), the purpose of this Board shall be to provide citizen input and evaluation of solid
waste management issues, in coordination and cooperation with the Solid Waste Unit of the
Mecklenburg County Land Use and Environmental Services Agency (“LUESA-Solid
Waste”), in order to achieve the following goals and objectives:
I.
To assist Mecklenburg County (the “County”) and participating local city and
town governments in Mecklenburg County (“Participating Local Governments”) in the
development and implementation of a long range waste reduction and management
plan that conforms with the requirements of the State of North Carolina, and that is
acceptable to the BOCC and the Participating Local Governments (the “Solid Waste
Management Plan”).
II.
To recommend feasible, and to evaluate recommended, approaches to solid
waste management strategies, including, but not limited to:
A.
B.
Recycling and resource recovery systems (size, type,
etc.); and
Distributing the waste stream among recycling, resource recovery,
landfilling, and other methods of final disposal.
III.
To assist in developing the most effective allocation of solid waste
management functions among the County and all Participating Local Governments.
IV.
To monitor progress in implementing the Solid Waste Management Plan and to
provide recommendations for change to the BOCC every three years or as may be
required by state law.
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V.
To act as a review and implementation advisory group for solid waste related
projects (“Projects”), in accordance with County administrative procedures and
including the following:
A.
To provide recommendations to the County Manager and BOCC for
the selection of engineers, financial and legal consultants, contractors
and other service providers for Projects;
B.
To review, comment, and make recommendations to the County
Manager and/or the BOCC regarding plans/concepts for Projects;
C.
To review, comment, and make recommendations to the County
Manager and/or the BOCC regarding the award of construction and
other contracts for Projects; and
D.
To periodically monitor, and to comment or make recommendations
with respect to, construction and other progress on Projects.
VI.
To provide regulatory oversight of actions and decisions made by LUESASolid Waste with respect to the Mecklenburg County Residential Solid Waste Fee
Ordinance, the Mecklenburg County Ordinance to Require the Source Separation of
Designated Materials from the Municipal Solid Waste Stream for the Purpose of
Participation in a Recycling Program, the Mecklenburg County Ordinance to Require
Licenses for Municipal Solid Waste Collectors, and such other ordinances as the
BOCC shall designate from time to time (collectively, “Ordinances”).
VII. To provide an oversight of the process and procedures used by LUESA Solid
Waste with respect to the issuance or denial of solid waste permits and with respect to
the enforcement of the Ordinances and laws and regulations of the State of North
Carolina (the “State”) which the State has delegated to the County.
VIII. To hear appeals of LUESA-Solid Waste decisions made pursuant to authority
granted under the Ordinances or by the State.
ARTICLE III – MEMBERS
Section 1 – Number and Qualifications: The Board shall consist of no more than twenty (20)
members, each of whom must be a resident and citizen of, and registered to vote in, the
County. No more than five (5) members may be appointed by the Charlotte City Council; and
one (1) member may be appointed by each of the towns of Cornelius, Davidson, Huntersville,
Matthews, Mint Hill and Pineville; provided, however, that if any of the towns fails to appoint
a member within three months of receiving notice from the County, such town shall be
deemed to have waived such appointment and the BOCC may fill the vacancy; provided,
however, that such town shall again be entitled to appoint a member to the Board when the
term, including any reappointment under the provisions of Section 2, below, of the member
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appointed by the BOCC pursuant to this sentence shall have expired. All Board appointments
are subject to the general membership restrictions applicable to all Board members and the
approval of the BOCC.
While not required, in addition to citizens with an individual interest in solid waste
management issues, it is desirable that Board membership include representatives from the
various groups and organizations, including:
-
Non-profit organizations with an interest in recycling and solid waste
management; and
Local businesses of various sizes and specialties; and
Recycling and solid waste management service providers; and
a local Chamber of Commerce.
Section 2 – Terms: Appointments shall be made by the BOCC for terms of three years each,
with each individual serving a maximum of two full terms or until the BOCC terminates the
Board, whichever is first. Reappointments to new terms or to fill vacancies shall be approved
by the BOCC as indicated in Article III, Section 1.
ARTICLE IV – OFFICERS
Section 1 – Officers: The officers of the Board shall consist of a Chairperson and a Vice
Chairperson.
Section 2 – Duties: The Chairperson shall call and preside at regular and special Board
meetings, appoint Board members to committees, and represent the Board to the BOCC, other
government bodies, and the public. The Vice Chairperson shall, in the absence of the
Chairperson, assume the duties of the Chairperson, perform other duties delegated by the
Chairperson, and chair all meetings of the Ad Hoc Committee (as defined in Article V,
Section 2 below). Duties of the Chairperson and/or Vice Chairperson may also be delegated
to other members of the Board by consent of the officers of the Board.
Section 3 – Elections: The Chairperson will be appointed by the Chairperson of the BOCC.
The Vice Chairperson shall be elected from its membership by majority vote of the members
of the Board.
Section 4 - Term: Officers shall hold their offices and exercise powers and duties given to
them under this Article IV for the terms expressed in Article III, Section 2, above.
ARTICLE V – COMMITTEES
Section 1 – Standing Committees: The Board shall establish as many committees (the
“Standing Committees”) as the Board may deem necessary to carry out its goals and
objectives. Each Board member, other than the Chairperson and the Vice Chairperson, shall
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serve on at least one Standing Committee. Non-Board personnel may serve on Standing
Committees, but shall have no voting power.
Section 2 – Ad Hoc Committee: In addition to the Standing Committees, the Board shall from
time to time have an ad hoc committee (the “Ad Hoc Committee”), whose membership shall
consist of the Vice-Chairperson and at least two (2) other members of the Board. Among
other purposes, an Ad Hoc Committee shall:
(a)
(b)
(c)
(d)
(e)
Consult with LUESA staff members with respect to non-recurring issues or
issues which are not specifically under the oversight of any of the Standing
Committees;
Report and make recommendations to the Board with respect to such issues;
Periodically review and, as may be appropriate, revise, these By-Laws;
In accordance with the Ordinances and/or the provisions of Article II, above,
hear appeals; and
Take such other actions as the Board from time to time may designate.
The Chairperson, with the advice and consent of the Vice-Chairperson, shall appoint members
of the Board to an Ad Hoc Committee. The Vice-Chairperson, or his or her designee, shall:
(i) call Ad Hoc Committee meetings to order; (ii) preside over and supervise meetings of the
Ad Hoc Committee; and (iii) subject to the Ordinances, these By-Laws and all applicable
State laws and regulations, take such further actions as may be necessary or desirable to
accomplish the foregoing purposes.
ARTICLE VI – MEETINGS
Section 1 – Regular Meetings: Regular meetings of the Board shall be held once each month
or as established by a majority of the Board.
Section 2 – Special Meetings: Special meetings of the Board may be called by the
Chairperson or at the request of a majority of the members. The purpose of the meeting shall
be stated in the call. At least three (3) working days’ notice shall be given.
Section 3 – Board Committee Meetings: Meetings of the Standing Committees and the Ad
Hoc Committee shall be held at the frequency deemed necessary by the chairperson of such
committee and upon due notice in a timely fashion to committee members.
Section 4 – Action By Consent: Any action authorized by these By-Laws may be taken
without a meeting if all Board members entitled to vote thereon consent in writing to the
adoption of a resolution authorizing such action.
Section 5 – Quorums: Unless otherwise established by law or these Bylaws, a quorum shall
consist of the greater of: (i) a majority of the membership of the Board; or (ii) seven members
of the Board. If a quorum fails to attend any meeting, the Chairperson may adjourn the
meeting until a quorum shall attend.
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Section 6 – Attendance: Each member shall be expected to attend all meetings in accordance
with the attendance policy established by the BOCC. The Chairperson may request a waiver
of the attendance policy or that a member of the Board have his or her membership terminated
by the BOCC if such member fails to comply with this attendance policy.
Section 7 – Open Meetings: The meetings of the Board and its Committees shall be open to
the public in accordance with the laws of the State of North Carolina.
Section 8 – Rules of Procedure: Roberts Rules of Order Newly Revised, subject to these
Bylaws, shall govern the procedures of all meetings of the Board, the Standing Committees
and the Ad Hoc Committee.
Section 9 – Conflict of Interest: Should a Member have an individual interest, or through an
employment or contractual relationship a business interest, in a matter under consideration by
the Board, that Member shall specifically identify such interest during a public meeting and
request that the conflict be entered in the minutes of the meeting. The Member shall recuse
himself/herself from voting on the conflicted matter. However, recognizing the Board’s
desire to have an informed discussion on any matter before it, after the Member has disclosed
his or her specific interest in the matter during a public meeting, the Member may participate
in any discussion on the matter as to which he or she has a conflict of interest during a public
meeting, even after any proposed action on the matter has been moved and seconded. A
Member with a Conflict of Interest shall not, however, communicate privately with another
Member about any matter as to which he or she has a Conflict of Interest as all such
communication must be made during a public meeting of the Board.
The membership of the Board has been selected by the BOCC to be inclusive of a variety of
viewpoints, including those of Members who may be directly impacted by issues and policies
being considered by the Board. Therefore, it is in the best interests of the Board and the
BOCC that all Members be permitted to openly express their views so that other Members of
the Board, as well as the BOCC, can become aware of those views, even if a Conflict of
Interest has been identified. It is to that end that this special Conflict of Interest rule shall take
precedence over any general conflict of interest rules adopted by the BOCC.
ARTICLE VII – AMENDMENTS
Amendments to the Bylaws of the Board may be considered and approved by the affirmative
vote of a majority of the membership of the Board at any regularly scheduled or special
meeting, provided, however, that written notice of the proposed amendment must be sent to
each member of the Board. Such amendment shall be submitted to the BOCC for approval.
ARTICLE VIII – [INTENTIONALLY OMITTED.]
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ARTICLE IX – PUBLIC INFORMATION
The County Public Service and Information office shall assist the Board in the dissemination
of information to the public.
ARTICLE X – POWERS, GENERAL
The Board shall have no powers, except as stated in previous articles or as entrusted to it by
the BOCC. Without limiting the foregoing, the Board shall not have the power to:
1)
2)
3)
Borrow money;
Encumber property; or
Dispose of any properties either real or personal
ARTICLE XI - ADVISORY COUNCILS
Section 1 – Solid Waste Facility Advisory Council(s): One or more solid waste facility
advisory councils may be formed by the Board. Such groups will be set up in such a manner
that it should include representation from residents, businesses, and/or other organizations or
institutions expressing an interest in such solid waste facility. Members of such council(s) do
not have to be residents of the County. The council(s) will meet at times which, in the
opinion of the Board, are desirable and which will be most helpful. The council(s) will act in
an advisory and liaison capacity with the Board, LUESA and the residents in the area of the
facility.
The advisory council(s) will accept projects given to it by the Board and will also develop its
own suggestions, which it may pass on to the Board for its consideration, analysis,
interpretation, and when found feasible by the Board or LUESA for its action.
A member of the Board will be the chairperson, and an ex-officio member, of each advisory
council. Members of each advisory council will be selected by the Board to serve terms of
office determined by the Board. The Board may establish appropriate bylaws for such
advisory council(s). The Board may ask various community groups to recommend council
appointees (who are members of those groups), as such groups’ official representative on the
advisory council.